By applying for and/or using any of our services, you agree to and are bound to the terms as specified in this document. You agree that the terms set out in this agreement are subject to change and it remains your responsibility to regularly check for changes to the terms herein. If you at any time no longer agree with the terms specified herein, you are not eligible to make use of any of our services and termination will become effective at the end of the normal notice period.
- “Digitread Media” means Digi Tread Media (Pty) Ltd trading as Digitread Media or any other entity to which Digitread Media (Pty) Ltd may assign, cede or delegate any of its rights or obligations.
- “Digitread Media Server” means servers, external systems, hardware, software, and databases operated together as a system by Digitread Media and/or its service providers to provide any service, including without limitation e-mail services, hosting services and backup services.
- “Digitread Media Website” means the Internet website published at the URL “www.digitread.co.za”, “www.digitreadmedia.com” or any other URL that Digitread Media may use.
- “Agreement” means the terms and conditions herein and all annexures or addendums.
- “Client” or “You” is the party described on any service application, invoice or quotation.
- “Client Data” or “Your Data” means electronic representations of data and information in any form:
- transmitted to using the Digitread Media Server,
- transmitted via the Digitread Media Server,
- stored on the Digitread Media Server,
- used in the utilization or processing of a service.
- “Client Zone” means the client portals provided by Digitread Media and/or its service providers.
- “Domain” or “Domain Name” means an Internet address registered with an authorized registrar comprising its relevant records including, but not limited to, hostnames, aliases and mail exchange (“MX”) records.
- “Emergency Maintenance” means any maintenance to the Digitread Media Server or its service providers’ infrastructure, intended to remedy existing issues or prevent imminent issues that are likely to cause downtime, an interruption to services, or substantial loss to Digitread Media or its service providers, the client or any other third party.
- “Industry Standard” means obligations, applicable laws, codes of conduct, and relevant standards observed in good faith by skilled professionals in the applicable industry.
- “Intellectual Property Rights” means patents, registered designs, trademarks, copyrights, trade secrets, creative rights, service marks and other intellectual property rights, including but not limited to confidential information.
- “Malicious Code” means anything that contains any computer software routine or code intended to:
- allow unauthorized access or use of a computer system by any party,
- disable, damage, erase, disrupt or impair the normal operation of a computer system,
- any back door, time bomb, Trojan horse, worm, drop-dead device or computer virus.
- “Software” means any computer program, database structure or content, artistic work, screen layout, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
- “Supplier” or “Service Provider” means a supplier of goods and/or services to Digitread Media.
- “User/s” means the client or any other person accessing any of the services provided by Digitread Media.
- “Website Design” means the creation of a website which consists of a website template, any number of content pages and its content. Websites are created for CMS systems such as WordPress or OctoberCMS.
- “Website Development” means the creation of complex backend systems for a website that requires advanced programming skills.
- “Hosting” means the storage of website and related files, including but not limited to e-mail on a physical server rented by Digitread Media.
- “Internet Services” means any electronic service related to the Internet such as e-mail, web design, programming, marketing and backups.
- “Print Media” means any artistic work created for print publishing.
- “Internet Marketing” means the utilization of advertising solutions such as Google Ads or Bing Ads.
- “Social Media Marketing” means the creation, promotion and utilization of content on social media platforms.
- “Software Programming” means the creation of web-based software, computer programs or mobile apps.
DIGITREAD MEDIA'S RESPONSIBILITY
1. Goods & Services
- Digitread Media provides a wide range of Internet and print media services, including but not limited to:
- Website Design & Development
- Website & E-Mail Hosting on local servers (with server replication in Namibia where applicable)
- Internet and Social Media Marketing
- Software Programming
- The nature of goods and services will be described within quotations and/or written service proposals.
2. Client Zone
- As a client you have access to various control panels, depending on the services in use:
- DirectAdmin Hosting Control Panel (or in some cases other control panels)
- Webmail web-based e-mail client
- Website administration backend where applicable
- Digitread Media’s support is specifically focused on server-side issues. We do not handle PC, Mac, Outlook, or Apple Mail-related problems, as we are not IT technicians. If the issue pertains to your local machine, we recommend reaching out to an IT technician for assistance. However, if the problem is rooted in server-related matters, our team or server support technicians will be more than happy to help.
- Due to the nature of the Internet and our services offered, in some cases, support can be offered remotely.
- Response times vary based on the nature of support. On-site response times are longer than remote response times using services such as AnyDesk.
- Response times and on-site support requirements will be described within quotations and/or written service proposals.
4. Service Agreement
- Telephonic Support
- Digitread Media provides telephonic support from 9 A.M to 5 P.M from Monday to Friday.
- Digitread Media provides business-critical emergency telephonic support after hours.
- Best efforts will be made to answer / action the calls.
- There will be a WhatsApp service. When the client leaves a message on WhatsApp, Digitread Media will respond as soon as possible.
- E-Mail Support
- E-Mail is monitored from 9 A.M to 5 P.M from Monday to Friday.
- Emails received outside of office hours will be collected, however, no action can be guaranteed until the next working day.
- Remote Assistance
- Digitread Media provides Remote Assistance only as part of an additional paid service plan.
- Remote Assistance is provided via AnyDesk only. The client will be required to have at least a free version of AnyDesk installed on their computers. https://www.anydesk.com
- Remote Assistance can be provided for:
- Setup of e-mail accounts on the client’s computers (Windows only).
- Troubleshooting of e-mail accounts on the client’s computers (Windows only).
- Installation of e-mail signatures on Outlook.
- Planned or Emergency Onsite Assistance
- Digitread Media cannot guarantee onsite assistance or any response time for onsite assistance.
- Due to the nature of the services provided, onsite assistance can be performed by the client’s IT department, IT consultants or IT contractors.
- Should Digitread Media provide onsite assistance, callout fees and hourly fees will apply.
- Regular System Health Checks
- Disk space and bandwidth usage for client accounts are monitored.
- The client will be notified when disk and bandwidth usage is close to reaching its maximum capacity.
- When client accounts are close to reaching their disk and bandwidth capacity, it is the client’s responsibility to take the necessary actions to reduce the load.
- Digitread Media can perform disk usage cleanups at additional cost where hourly rates apply.
- Digitread Media cannot be held liable for any data or e-mail loss, downtime or any other damages resulting from disk and bandwidth over usage.
- Depending on the client’s hosting plan, Digitread Media does not hard-limit bandwidth. However, bandwidth is subject to a Fair Use and Acceptable Use policy, determined by Digitread Media’s own discretion.
- Backups, Scheduled and Emergency Maintenance
- Digitread Media’s server provider may perform scheduled or emergency maintenance on the server, its software or infrastructure which may result in service interruption.
- Digitread Media will inform clients as soon as it becomes aware of such incidents.
- Although all reasonable effort is made by Digitread Media and its service providers to backup client data, the usability and integrity of backups cannot be guaranteed. The client is required to ensure backups to their own computers.
- Offsite and remote e-mail backups can be provided by Digitread Media as part of an additional paid service plan.
- Service Access – Hosting Control Panel
- Digitread Media provides control panels to the client for managing their hosting and e-mail accounts.
- Digitread Media will provide the client with their usernames and passwords to access these accounts, however, for security reasons Digitread Media does not keep a record of passwords. Lost passwords will need to be reset.
- The client can provide their IT departments access to the control panels in order to setup and support e-mail accounts on the client’s computers, setup and manage databases or publish and maintain their website.
- Digitread Media connects a client’s account with CloudFlare (free version) in order to provide a more secure and reliable hosting environment.
- Service Setup Requirements
- For client e-mail accounts created by Digitread Media, complete setup instructions will be provided.
- Included in the setup instructions are the incoming mail (POP3/IMAP) and outgoing mail (SMTP) settings. It is important that the client ensures that IT technicians setup the email exactly as per the instructions. Many IT technicians tend to use their own or the ISP’s SMTP settings. If this happens, Digitread Media cannot provide any support relating to the sending of emails.
- The client needs to ensure that the correct account type is used for their e-mail setup. POP3 will leave a copy of the e-mail on both the server and the client’s computer. E-mail deleted from the server will not delete e-mail from the client’s computer and vice versa. IMAP will sync the mail server with the client’s computer and any other devices it is setup on. E-mail deleted on one device will be deleted on all other devices, including the mail server as well. E-Mail deleted from the server will be deleted from all connected devices as well. IMAP has a high risk of email loss due to accidental deletion and requires a large amount of disk space.
- Data retention for e-mail is determined by the client and set on the client’s e-mail software.
- Digitread Media cannot be held liable for any data loss due to incorrect e-mail software setup.
- Digitread Media does not provide technical support for the client’s Windows installation or any other operating system or for the client’s e-mail software such as Outlook Express, Windows Mail etc. Technical issues related to software and hardware on the client’s computers need to be referred to their IT department.
- Digitread Media will provide the client with troubleshooting support for e-mail services.
- The client will be required to provide Digitread Media with the error messages received, their public IP address, as well as screen captures of the errors if possible.
- Digitread Media will troubleshoot the origin of the incident and take the necessary actions to remedy the issue.
- Should the issue be outside of Digitread Media’s control, it will liaise with its service providers’ technical support on resolving the issue. Additional information or actions may be requested from the client in order to resolve the issue.
- Digitread Media can provide the client with recent e-mail send and receive logs on request. These logs can be used to track any send-and-receive issues and are also accessible from within the hosting control panel. The logs will only include results for correctly setup email software.
5. User Information
- You agree to provide Digitread Media with true and correct personal information and to regularly update your personal information as necessary (refer: clause 5.5).
- You grant Digitread Media permission to process your personal information and store your personal information on online systems to provide services to you (refer: clause 5.3, 5.4).
- Digitread Media uses Zoho Books to process invoices, quotes and payments. When using any of our services, including requesting quotes, you give Digitread Media permission to store your personal information on the Zoho Books system. This is necessary for Zoho Books to process invoices and quotations.
- Digitread Media uses e-mail newsletter services to process and periodically send you important notifications and updates. In order to provide you with important information from time to time, your personal information is stored on the applicable service’s system.
- When registering or transferring a domain name, your personal information is used to register your ownership of the domain. Digitread Media is required to keep the domain record details up to date regularly. You consent to the use or sharing of your personal information with relevant 3rd parties to comply with regulatory requirements within the guidelines of applicable privacy legislation.
- Digitread Media reserves the right to, at any time, request verification of the identity of clients. Failure to produce such verification could result in suspension or cancellation of services.
- You grant Digitread Media permission to retain your personal information as part of its required accounting data retention for a period of 10 years.
6. User Conduct
- You will be held accountable for any malicious conduct directed towards Digitread Media and/or its staff.
- Abusive behavior towards Digitread Media and/or its staff and service providers will not be tolerated.
- Abusive behavior includes but is not limited to aggression, bullying, offensive language or conduct, threats, humiliation, harassment and intimidation.
- All communication and requests for the provisioning, modification or termination of services and modification of any personal information must be made from your official (registered) e-mail address. Digitread Media reserves the right to ignore any request made in any other manner.
- You are required to pay invoices and any fees due before or on the invoiced due date. Interest will be added to overdue accounts at the rate of 2% per month, calculated from the due date of payment to the date of actual payment.
- Digitread Media reserves the right to refuse service or reinstatement of services based on your prior conduct.
7. Payments and User Responsibility
- Payment for all support costs at the applicable rates and intervals.
- Reasonable availability of client representative(s) when resolving a service-related incident or request.
- It remains your responsibility to subscribe to the correct products per your needs. Digitread Media provides goods and services based on the information provided by you and Digitread Media offers no warranty as to the suitability of the services requested by you.
- Digitread Media has a responsibility towards its service providers. Failing to pay your invoices on time may lead to account suspension and/or termination and/or administrative fees and possible reconnection fees. Services are invoiced in advance.
- Digitread Media only accepts EFT payments for monthly services. Cash deposits will incur a service fee.
- Digitread Media will not accept any liability or responsibility for delays or suspensions due to the use of incorrect or non-approved payment methods.
- Non-payment of any fees by its due date may result in immediate suspension of services. Digitread Media reserves the right to suspend any services for non-payment until all arrears are settled in full.
- If you remain in default of fees for a calendar month after suspension, Digitread Media may terminate the agreement and services with immediate effect. You will remain liable for all fees and charges for any period of suspension.
- Digitread Media may charge admin and reconnection fees for failed or returned payments that result in suspension. Such fees are payable immediately and in conjunction with the outstanding fees.
- All fees, including annual fees and advanced payments, once paid are non-refundable.
- Digitread Media reserves the right to, at its own discretion, terminate services where a client has shown a repeated disregard for timely payments.
8. Acceptable Use Policy
- Digitread Media’s services are designed to facilitate reasonable use.
- Digitread Media reserves the right to suspend or terminate users who are improperly using features of the systems to:
- exploit or overload the server bandwidth or other server resources, including or not limited to CPU loads, sending of bulk e-mail or SPAM and overloading email queues
- exploit bugs or limitations in the system design to gain unauthorized access, commence in fraudulent activities or commit crimes
- Digitread Media reserves the right to deem an activity as a violation of the Acceptable Use Policy due to “unreasonable use” and will take appropriate action based on the circumstances and severity of the incident(s).
- Digitread Media reserves the right to remove any content hosted by a client that it considers illegal or in violation of the AUP or for which it has received a takedown notice.
- You may be liable for penalties and fines based on the circumstances and severity of the incident(s).
9. Data Backup
- Full account backups are made regularly by Digitread Media and stored in encrypted format on S3-compatible backup servers outside of South Africa. Backups can be accessed and restored via the hosting control panel.
- Additional backups, such as e-mail backups, can be arranged as part of a Service Level Agreement at additional cost.
- Although every reasonable effort is made to backup your data, Digitread Media gives no warranty with respect to the effectiveness of such backups and cannot be held liable for any data loss or data corruption. It remains your responsibility to make your own backups.
- Digitread Media’s server provider implements measures in line with Industry Standards to ensure the security of the Digitread Media Server and the physical security of the service provider’s premises. However, Digitread Media and its service providers give no warranty that breaches of security will not take place.
- If you discover a security violation or think that a security violation is imminent, you must immediately notify Digitread Media in an appropriate way that does not further compromise security concerns.
- If you suffer damage as a result of the loss or corruption of client data through a security violation, you will be liable for the damage if the violation was your fault.
- You may not in any way interfere in the operation and/or the security of the Digitread Media Server, and must take all reasonable measures necessary to ensure that:
- no unlawful access is gained to the Digitread Media Server or your own system(s)
- no malicious code is introduced into the Digitread Media Server
- the client data is safeguarded
- If a security violation occurs, or Digitread Media suspects that a security violation is imminent, Digitread Media may take all precautions necessary to maintain the proper functioning of the Digitread Media Server including without limitation:
- changing your usernames and passwords
- preventing access to the Digitread Media Server
- Digitread Media’s server provider takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
- You will be required to give full cooperation to Digitread Media in any investigation that may be carried out by Digitread Media and/or its service providers regarding a security violation.
- If you are providing any service to third parties that make use of the Digitread Media Server, you must contractually bind those third parties to equivalent terms regarding security as are set out in this clause.
WEBSITE DEVELOPMENT TERMS
11. Scope of Work
WordPress and OctoberCMS websites are designed and developed according to the client specifications provided. The development will be executed on a first-come, first-serve basis. A non-refundable deposit of 50% of the total project cost is required before any work commences. Websites will not be published or made public before the balance has been paid in full.
12. Project Changes
Any changes to the project must be submitted within 7 days of the proof. After 7 days, the project will be considered as completed if no changes were submitted. Changes requested thereafter may be subject to additional charges at the normal hourly fee of R480.
13. Completion Period
After the final proof, a completion and hand-off period of up to 14 work days may be applicable. Deadlines may be subject to external factors such as supplier outages and force majeure.
Unless otherwise quoted, free plugins will be used where applicable. Pro versions of free plugins are optional but recommended. Any additional costs associated with pro versions will be the responsibility of the Client.
15. License Fees
Where applicable, annual renewal fees for theme licenses or OctoberCMS licenses shall be borne by the Client. These fees ensure regular security and feature updates. Failure to renew licenses may affect the website’s performance. In the event of the client transferring the website away:
- websites with the WordPress Divi theme/builder will require a new license key that must be purchased by the client;
- OctoberCMS websites will require a licence key that must be renewed annually by the client.
No contract of exclusivity is implied unless explicitly agreed upon in writing by both parties.
17. Cancellation and Termination
- Either party may terminate services under this agreement by giving the other a calendar month written notice, including email, and without liability.
- You acknowledge that Digitread Media may terminate this agreement and/or services in the event of termination of its agreement(s) with a service provider.
- If you have not complied with a requirement of this agreement, Digitread Media may suspend services until you have complied. If you fail to comply within a reasonable period, Digitread Media may terminate this agreement and services and will not be liable for any damage that you may suffer as a result.
- Clients using public and/or social platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation of Digitread Media and/or its staff may have their services suspended or terminated, depending on the severity and circumstances of the incident(s).
- Digitread Media may suspend or terminate the services at its absolute discretion by providing email notice if:
- you commit a serious or repeated breach of this agreement or engage in any conduct which, in Digitread Media’s opinion, would have a negative impact on Digitread Media, its staff or its other clients,
- fees are not paid timely and in full before or on the due date,
- fraudulent or incorrect information was provided by you,
- your use of the services may result in the commission of a crime or is otherwise unlawful.
- Upon suspension or termination, you will not be eligible for reimbursement/compensation.
18. Liability & Indemnity
- Digitread Media will not be held liable for any damages, loss, claims and costs, whether direct, indirect, consequential, suffered by the client or any third party.
- In addition you agree to limit Digitread Media’s liability and indemnify Digitread Media, its service providers, directors, officers, employees and other representatives, as well as any third parties whose networks are connected to the Digitread Media Server for:
- Any damages resulting from the use of incorrect products as required for your needs.
- Any damages resulting from service interruption. Services are subject to force majeure, service provider outages and Digitread Media cannot guarantee uninterrupted service availability.
- Any damages and/or data loss due to incorrectly configured e-mail client settings, including but not limited to server types (POP3/IMAP), server settings (SMTP) and automatic mail deletion.
- In the event that Digitread Media is held liable by any court, Digitread Media’s liability will not exceed the monthly or pro-rata fees due for the service that resulted in the loss, up to three (3) months, regardless of whether the claim arises out of negligence on the part of Digitread Media.
- Nothing contained in this agreement will limit the client’s liability in respect of charges incurred for ongoing services.
- This agreement, services offered by Digitread Media and the interpretation shall be governed by the laws of the Republic of South Africa and the courts of South Africa will decide on any litigation or disputes.
- In the event that any of the terms of this agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
- Should Digitread Media be acquired or transfer any or all of its services to another company, such services and services agreements will be transferred to the acquiring entity. Clients affected will be notified of such changes within 30 days.
- Should the client change ownership, this and all related agreements will be transferred to the acquiring entity. The client agrees to notify Digitread Media of such changes within 30 days.
21. Periodic Review
- This agreement is valid from the date of commencement of service and is valid until termination of service.
- This agreement is subject to periodic review.
- Digitread Media reserves the right to amend the contents of this document as required.
22. Notices (domicilium citandi et executandi)
- Digitread Media,
2 Sao Bras Street,
Mossel Bay, 6500, South Africa
- Any notice that Digitread Media sends by email to an email account hosted on the Digitread Media Server by the client will be deemed to have been received by the client on the date of transmission.
- If a written notice or communication is actually received by one of the parties from the other, this will be adequate written notice or communication to that party.